2009019 (Refugee)

The applicant, a Vietnamese citizen, sought review of a decision not to grant her a protection visa. The applicant claimed she left Vietnam due to discrimination and abuse, and that local police offered no assistance. She also stated she had no family or friends elsewhere in Vietnam and feared similar abuse and discrimination if returned. The delegate had previously refused the visa, noting a lack of specific information regarding these claims and the applicant's admission of receiving financial support from her family since arriving in Australia. The applicant provided no further evidence to the Tribunal and conceded she did not meet the criteria for a protection visa.

The legal issues before the Tribunal were whether the applicant was a person in respect of whom Australia had protection obligations under the 'refugee' criterion, or on 'complementary protection' grounds. This required determining if she had a well-founded fear of persecution for reasons outlined in section 5J(1)(a) of the Migration Act 1958, or if there was a real risk of significant harm upon removal to Vietnam under section 36(2)(aa). The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant, having provided no further evidence to support her claims of discrimination and abuse, and having conceded she did not meet the visa criteria, had not established a well-founded fear of persecution or a real risk of significant harm if returned to Vietnam. The Tribunal noted that the applicant had not suggested she was a member of the same family unit as a person who held a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.